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PEOPLE v. COBB

188 A.D.2d 308 (1992)

The People of the State of New York, Respondent, v. Harvey Cobb, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 3, 1992

The evidence adduced at trial that the complainant, who was 11 years old at the time of the incident, was unable to stand up during the assault because defendant then 23 years old, was lying on top of her was sufficient to establish the "forcible compulsion" element of the first degree sodomy charge, by showing defendant's use of his physical dominance to prevent the complainant from leaving (see, People v Yeaden,...

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